June 18, 2014
Topical Highlights for Labor and Employment provides summaries of significant federal and state judicial decisions and legislative and administrative activities affecting labor and employment law. A Westlaw subscription is required to access the documents linked from this page.
Benefit Plans: ERISA antiassignment provision does not prevent attachment or garnishment of funds after plan has paid them to retirees. N.L.R.B. v. HH3 Trucking, Inc. 2014 WL 2619818 (C.A.7). A Seventh Circuit panel has ruled that the Employee Retirement Income Security Act (ERISA) prohibition on assignment or alienation of pension benefits does not prevent the attachment or garnishment of funds after a pension plan has paid them to retirees. In so ruling, it agreed with decisions from the First, Second, Third, Sixth, and Ninth Circuits and disagreed with a decision from the Fourth Circuit. The issue arose in a case in which the owner-managers of a trucking company found to have committed unfair labor practices, been ordered to give back pay as a remedy, and been found in civil contempt for not doing so sought to maintain a legal privilege not to pay. Because their income from sources other than Social Security exceeded $600 a month, so we conclude that they had to pay at least that much to purge their contempt of court. 2014 WL 2619818. (The full-text of the rest of the Topical Highlights is available within Westlaw Next, subscription required).
Whistleblowing: County redevelopment authority employee adduced insufficient evidence of causation under Pennsylvania whistleblower statute. Volek v. Redevelopment Authority of County of Fayette 2014 WL 2504584 (W.D.Pa
Discrimination: Employee seeking relief from discrimination based on misuse of information from entrance examination must show disability. Wetherbee v. Southern Co. 2014 WL 2599914 (C.A.11 (Ga.))
Arbitration: Dispute over whether employer violated CBA by refusing to allow multiple grievances at same arbitration hearing was arbitrable. Transport Workers Union of America v. Veolia Transp. Services, Inc. 2014 WL 1093142 (E.D.N.Y.)
Hours and Wages: Requirement that agencies engage in notice-and-comment rulemaking before revising interpretive rules—Certiorari Granted Perez v. Mortgage Bankers Ass’n 2014 WL 833886 (U.S.)
Public Employment: Termination of classified city employee as disciplinary action lacked rational basis and was excessive. Sumling v. Department of Health 2014 WL 2532446 (La.App. 4 Cir.)
Whistleblowing: Employee, who blew whistle on employer that overbilled publicly-traded company, was not protected under Sarbanes-Oxley Act. Gibney v. Evolution Marketing Research, LLC 2014 WL 2611213 (E.D.Pa.)
Public Employment: Challenge to order treating replacement of abolished position as reclassification rather than reallocation was time-barred. O’Neill v. Pfau 2014 WL 2608460 (N.Y.)
Workers’ Compensation: Term “medical attention” encompasses attendant-care services, as that term is used in workers’ compensation statute providing that employer shall pay for reasonably necessary medical attention. Alabama Forest Products Industry Workmen’s Compensation Self-Insurer’s Fund v. Harris 2014 WL 2619850 (Ala.Civ.App.)
Hours and Wages: California home furniture and appliance delivery drivers were employees, not independent contractors. Ruiz v. Affinity Logistics Corp. 2014 WL 2695534 (C.A.9 (Cal.))
Wrongful Discharge: Finding employer’s owner-manager personally liable for wrongful termination was harmless error. Kim v. Konad USA Distribution, Inc. 2014 WL 2612087 (Cal.App. 4 Dist.)